Who is the Colorado Criminal Justice Reform Coalition?

Our mission is to reverse the trend of mass incarceration in Colorado. We are a coalition of nearly 7,000 individual members and over 100 faith and community organizations who have united to stop perpetual prison expansion in Colorado through policy and sentence reform.

Our chief areas of interest include drug policy reform, women in prison, racial injustice, the impact of incarceration on children and families, the problems associated with re-entry and stopping the practice of using private prisons in our state.

Wednesday, April 11, 2007

LEGISLATIVE UPDATE HB-1107Record Sealing Bill Coming Before House Appropriations CommitteeFriday April 13 at 7:30 A.M.Representative Mike Cerbo (D-Denver) introduced HB 07-1107 a record sealing bill (HB 1107) and was passed by the House Judiciary Committee with a strong bipartisan vote of 9-2. It will next be heard in the House Appropriations Committee this Friday. (FYI - there is no testimony before this Committee)

Colorado law does not allow a person with a criminal convictionto seal their record - regardless of the nature of the criminal conviction,the length of time since the conviction, or evidence of rehabilitation.

Even after people have completed their sentence and been law abidingfor years or even decades, they are forever stigmatized by having a criminal record.Even minor offenses, committed many years ago, can prevent someonefrom obtaining housing and meaningful employment or advancement in their career field.

The possibility of being able to seal a criminal record isa strong and real incentive for a person to turn his/her life around. What the Bill Does: HB 1107 would allow people convicted of select crimesto petition the Court to seal a criminal record after they completed their sentenceand been offense free for 10 years.

"Convictions for some crimes would not be eligibleto be sealed including: Class 1 or 2 misdemeanor traffic offenses orclass A or B traffic infractions, DUI/DWAI, sexual offenses,domestic violence, offense involving a pregnant women or convictions for crimes involvingaggravating circumstances, high risk, or special offender sentencing enhancements.

"The Court does not have to order the sealing. The Court is required tobalance the privacy rights of the petitioner against the public's right to know on a case by case basis. "For offenses committed before July 1, 2007, the District Attorneywill have to agree before the Court can order the record sealed.

"Law enforcement will always have access to any sealed record."The petitioner must have paid all of the fines, fees, costs andrestitution ordered in the criminal case. The petitioner will also pay a

filing fee that is sufficient to cover the cost of the proceeding.The American Bar Association's Committee for EffectiveCriminal Sanctions, after study and comment from prosecutors,courts and defenders from across the country, recommends thatstates allow people to be able to request sealing of their record aftera certain time period has elapsed during which the person has been offense free.

On January 22, 2007, Representative Rangel introduced the"Second Chance for Ex-Offenders Act of 2007" (HR 623)that would allow people to petition the court to seal a federal felonyrecord under certain circumstances and after a period of time.